I want to enforce the lien, but don't know what type of lawsuit to file. The lien owed is less than $1,000
1 reply
Aug 30, 2019
California, like all other states, requires that a mechanics lien be enforced within a certain amount of time, or the lien expires and becomes unenforceable. The enforcement of a California mechanics lien is governed by § 8460-8470. Enforcement of Lien
In California, a lien claimant is required to both file an enforcement suit in court, and file a notice called a notice of the pendency of the action in the same county recorder's office in which the lien was filed. The lawsuit must be filed in superior court, and is an enforcement/foreclosure action. This means that the process can be time-consuming, and expensive (at least until a successful outcome is reached). Since the action is a "full-blown" case in superior court, a business entity would be required to have attorney representation.
Additionally, a lien enforcement suit can't be shortened or made less expensive by filing in small claims court. Small claims courts in California do not have jurisdiction over lien foreclosure actions, even if the amount in dispute would otherwise meet the jurisdictional limits.